[Introduced February 23, 1998; referred to the
Committee on Health and Human Resources.]

____________

A BILL to amend and reenact sections one, three, four, five,
eight, ten and ten-a, article twenty-seven, chapter thirty
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, all relating to authorizing the
board of barbers and cosmetologists to set licensing,
registration, examination and other such fees.

Be it enacted by the Legislature of West Virginia:
That sections one, three, four, five, eight, ten, and ten-a,
article twenty-seven, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, all to read as follows:

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-1. Board of barbers and cosmetologists; salary of board director; appointment, qualifications and terms of board members; compensation and expenses of
members; powers and duties of board.
(a) The board of barbers and beauticians heretofore
established is continued and shall be known henceforth as the
board of barbers and cosmetologists. The annual salary of the
director of such board shall be thirty-one thousand seven hundred
ninety-six dollars. All members of the board, serving for a term
which has not expired on the effective date of this article,
shall continue to serve the terms for which they were appointed.
The board shall promulgate rules pursuant topropose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, pertaining to the
licensure and qualifications of barbers, cosmetologists and
manicurists, and curricula and standards of instruction for
schools of barbering and beauty culture. The board shall aid and
assist in the enforcement of all rules in accordance with the
provisions of article fourteen, chapter sixteen of this code.
The board shall consist of four professional members to be
appointed by the governor, by and with the advice and consent of
the Senate, and one lay member to be appointed in accordance with
the provisions of section four-a, article one of this chapter.
Of the four professional members, one shall be an employing
barber, one an employee barber, one an employing cosmetologist and one an employee cosmetologist. Each professional member of
the board shall have been engaged within this state in the
practice of barbering or beauty culture, as the case may be, for
a period of five years prior to his or her appointment and no
more than two of the four professional members may belong to the
same political party. No member of the board shall own or have
a pecuniary interest in a barber or beauty culture school
licensed by or doing business within this state or shall be
employed by such an institution.
(b) On or before the thirtieth day of June of each year, the
governor shall appoint one member of the board to serve for a
term of four years, to begin on the first day of July. No
professional member of the board may serve for more than two
complete terms.
(c) The board shall designate one of its members as
chairperson.
(d) Each member of the board shall receive as compensation
a per diem of fifty dollars for each day of attendance at board
sessions, but the compensation for each member shall not exceed
the sum of three thousand dollars in any calendar year. Each
member shall be reimbursed for actual and necessary expenses
incurred in the performance of his or her duties, upon
presentation of an itemized sworn statement thereof.
(e) The board shall examine all applicants for licensure and
shall issue licenses to those entitled thereto and collect
examination and licensure fees, in accordance with regulations
promulgatedrules proposed by the board of health pursuant to
article fourteen, chapter sixteen of this code or the board of
barbers and cosmetologists.
(f) It is unlawful for any person to practice or offer to
practice barbering, beauty culture or manicuring in this state
without first obtaining a license for such purposes from the
board of barbers and cosmetologists.
(g) The board shall have the power to promulgatepropose
rules generally regarding the practice and conduct of barbering
and beauty culture, including, but not limited to, the
procedures, criteria and curricula for examination and
qualifications of applicants for licensure, and for the licensing
of instructional personnel for schools of barbering and beauty
culture, and the practice and conduct of aestheticians, and the
establishment of licensing, registration, examination and other
such fees as authorized pursuant to this article.
The power of the board to promulgatepropose such rules
shall beis concurrent with that of the board of health as
authorized in article fourteen, chapter sixteen of this code:
Provided, That in the case of conflicting provisions regarding requirements for health and sanitation, the rule or regulation of
the board of health shall be deemed to apply. The board of
health and the board of barbers and cosmetologists shall for a
reasonable fee make available upon request to any licensee a copy
of such rules.§30-27-3. Qualifications of applicants; fees; examinations;
licensure. An applicant for licensure as a barber, beautician or
manicurist shall present satisfactory evidence that he or she is
at least eighteen years of age, of good moral character and
temperate habits, has completed at least the eighth grade of
school, or the equivalent thereof, and has been graduated from a
school of barbering or beauty culture approved by the state board
of barbers and beauticians, or in the case of a manicurist has
successfully completed an approved course in manicuring in such
a school, and shall transmit with his or her application an
examination fee of twenty-five dollarsas established by the
board. The examination shall be of such character as to determine
the qualifications and fitness of the applicant to practice
barbering, beauty culture or manicuring as defined by this
article, and shall cover such subjects germane to the inquiry as
the board may deem proper. If an applicant for licensure as a
barber or beautician successfully passes such examination and presents a certificate of health from a licensed physician and is
otherwise qualified as required by this section, the board shall
license the applicant as a duly qualified barber or beautician.
Any applicant for license as a manicurist may be licensed as a
duly qualified manicurist after he or she has passed the
examination. The board shall charge twenty-five dollarsfee for
the issuance of a manicurist license shall be established by the
board.
The state board of barbers and beauticians shall promulgatepropose rules and regulations to establish a joint barber-
beautician license.
Any person who meets the requirements of this section as to
age, character and health, who is a graduate of a recognized
school of barbering or beauty culture in another state, or has
successfully completed an approved course in manicuring in such
a school, and who holds a current license as a registered barber,
beautician or manicurist in another state, may file with the
board an application for licensure without examination, together
with a fee of fifty dollarswhich shall be established by the
board. If in the opinion of the board such applicant has had a
prescribed course of instruction in barbering, beauty culture or
manicuring equivalent to that required in this state at the time
such course was completed, or is otherwise properly qualified, the board may without examination issue to such applicant a
license as a duly qualified barber, beautician or manicurist.§30-27-4. Renewal of license; fee; penalty for late renewal;
withdrawal from active practice.Every licensed barber, beautician or manicurist who desires
to continue in active practice or service shall, annually upon or
before the first day of January, renew his or her license and pay
an annual renewal fee of twenty-five dollarsas established by
the board. For any renewal which is more than thirty days late,
a penalty of five dollars shall be added to the regular renewal
fee, and an additional five dollar penalty for each successive
thirty-day period said renewal fee is late, not to exceed a total
renewal fee of two hundred five dollars. Any license not renewed
for three successive years shall be deemed inactive and shall not
be liable for additional renewal fees, but may be reactivated by
written request to the board and payment of any accrued unpaid
renewal fees, not to exceed a total renewal fee of two hundred
five dollars. Every licensed barber, beautician or manicurist
who does not desire to continue in active practice shall notify
the board in writing, and shall, during such period, be listed by
the board as being inactive, and shall not be required to renew
his or her license until such time as he or she shall again
become active, and during such inactive period he or she shall not be liable for any renewal fees.

§30-27-5. Student's permit; qualifications; fee.

All students, before entering upon their studies in approved
schools of barbering or beauty culture in this state, shall apply
for and receive a student's permit from the board. The
application shall be upon forms provided by the board and shall
include a health certificate from a duly licensed physician. An
applicant for licensure as a student shall present satisfactory
evidence that he or she is at least seventeen years of age, of
good moral character and temperate habits, and has completed at
least the eighth grade of school or the equivalent thereof. Upon
receipt of a fee of five dollarsas established by the board, the
board shall license each qualified applicant as a student barber,
beautician or manicurist and shall issue the appropriate
student's permit, which shall be good during the prescribed
period of study for such student. A student may perform any or
all acts constituting barbering, beauty culture or manicuring in
a school of barbering or beauty culture under the immediate
supervision of a registered instructor, but not otherwise.§30-27-8. License to own or operate schools of barbering or
beauty culture; application for license;
qualifications; inspection; license fee; rules; suspension, etc., of license; qualifications and registration of instructors; registration fee; administrative procedures. No person, firm or corporation, whether public or private,
and whether organized for profit or not, shall own or operate a
school of barbering or beauty culture in this state without first
obtaining a license so to do from the board. The application for
such license shall be made in writing on forms prescribed and
furnished by the board and shall be signed and verified by the
applicant. The applicant shall, in addition to such other
information as may be reasonably required by the board, furnish
evidence that: (a) The applicant is professionally competent and
financially responsible; (b) adequate physical facilities will be
available for the school; and (c) persons teaching or instructing
therein are licensed by the board as fully qualified instructors.
If an applicant desires to own or operate more than one school of
barbering or beauty culture, a separate application shall be made
and a separate license shall be issued for each.
All applicants for a license to own or operate a school of
barbering or beauty culture shall permit an inspection of such
proposed school by the inspectors appointed pursuant to
subsection (d), section one, article fourteen, chapter sixteen of
this code to determine whether it is properly fitted and equipped
for instruction in barbering or beauty culture. The board of health shall promulgatepropose reasonable rules and regulations
to implement and make effective the powers, duties and
responsibilities vested in such board in connection with the
licensing of schools of barbering and beauty culture. If the
applicant has met all of the standards and qualifications
prescribed herein by the board of health and has complied with
the rules and regulations pertaining to the issuance of the
license applied for, the board shall issue such license to the
applicant. Thereafter, the board may suspend, revoke or refuse to
renew the license of a school whenever it fails to meet the
minimum standards and qualifications required for the issuance of
an original license. The director of health or his or her
designees shall administer and enforce such actions of the board.
The initial license fee and subsequent annual renewal fee
for each school of barbering and for each school of beauty
culture shall be five hundred dollars and the annual renewal fee
shall be two hundred fifty dollars toestablished by the board
and shall be paid in such manner as the board may prescribe, on
or before January firstthe first day of January of each year.
The license shall be permanently displayed in the school, and a
suitable sign shall be kept on the front of the school which
shall plainly indicate that a school of barbering or beauty
culture is operated therein.
The board of barbers and beauticians shall promulgate
propose reasonable rules and regulations prescribing the
standards and requirements to be met by applicants for licensure
of duly qualified instructors in schools of barbering or beauty
culture. Such rules and regulations may provide for the issuance
of certificates for instructors, including temporary
certificates, and shall prescribe minimum qualifications as to
age, education and training for applicants for such certificates.
Minimum qualifications to become applicants as student
instructors shall include one year's experience as a licensed
full-time practicing barber or beautician and two hundred fifty
hours of advanced instruction beyond the normal licensure
requirements. Each licensed instructor in barbering and beauty
culture shall pay an initial registration fee of fifty dollarsas
established by the board and shall renew his or her certificate
annually and pay a renewal fee of fifty dollarsas established by
the board on or before the first day of January of each year.
An expired certificate may be reinstated only upon the payment of
all lapsed renewal fees, unless such instructor shall have
notified the board that he or she desires to be placed on an
inactive status during which time he or she shall not be liable
for any renewal fees. The applicant for reinstatement shall
also be required to meet the qualifications for registration in effect at the time application for reinstatement is made. A
licensed instructor shall not also be required to be licensed for
active practice or service as provided for in section four of
this article, unless such instructor is in fact acting as a
barber, beautician, aesthetician or manicurist outside the scope
of his or her employment as an instructor: Provided, That the
term "aesthetician," used in this section, shall have no effect
until and unless the provisions of section one of this article
are amended to authorize issuance of rules and regulations
relating to aestheticians.
Recognizing that all of the provisions of chapter twenty- nine-a of this code are fully applicable to any and all
administrative procedures, and the right of judicial review, in
connection with the provisions of this article, but also
recognizing that the question has been raised as to whether rules
and regulations adopted under the provisions of this section must
be promulgatedproposed for legislative approval in accordance
with the provisions of said chapter twenty-nine-a, it is hereby
expressly provided that all such rules and regulations shall be
promulgatedproposed in compliance with the provisions of said
chapter twenty-nine-a.§30-27-10. Requirements to operate shops and schools; sanitary
rules.It shall be unlawful for any person, firm or corporation to
own or operate a beauty shop or barbershop, or a school of beauty
culture or barbering, or to act as a barber, beautician or
manicurist, unless:
(a) The beauty shop, barbershop, or school of beauty culture
or barbering shall before opening its place of business to the
public, have been approved by the board as having met all the
requirements and qualifications for the places of business as are
required by this article and for this purpose. It shall be the
duty of the owner or operator of each beauty shop, barbershop, or
school of beauty culture or barbering to notify the board, in
writing, at least ten days before the proposed opening date of
the shop or school, whereupon it shall become the duty of the
board, through the inspectors herein provided for, to inspect
that shop or school. Upon giving notice of the opening of any
shop or school, the owner or operator shall pay to the board an
inspection fee of twenty-five dollarsas established by the
board. In the event the shop or school fails to meet the
requirements of this article, and is not approved, the inspection
fee shall be returned to the person paying same. Any shop or
school meeting the prescribed requirements shall be granted a
license permitting it to do business. If, however, after the
lapse of ten days after the giving of the notice of opening to the board, an inspection is not made or a certificate of opening
has not been granted or refused, the owner or operator of the
shop or school may open provisionally subject to later inspection
and to all other provisions and rules provided for in this
article;
(b) All shops and schools, bathrooms, toilets and adjoining
rooms used in connection therewith, are kept clean, sanitary,
well lighted and ventilated at all times. The use of chunk alum,
powder puffs and styptic pencils in any shop is prohibited;
(c) Each barber, beautician, manicurist, instructor and
student shall thoroughly cleanse his or her hands with soap and
water immediately before serving any patron;
(d) Each patron is served with clean, freshly laundered
linen that is kept in a closed cabinet used for that purpose
alone. All linens, immediately after being used, shall be placed
in a receptacle used for that purpose alone.
The board of health shall prescribe any other rules in
regard to sanitation and cleanliness in such shops and schools as
it may deem proper and necessary: Provided, That these shops may
contain a tropical bird for display purposes: Provided, however,
That the board of health in consultation with the board of
barbers and cosmetologists and the board of veterinary medicine
shall promulgatepropose rules establishing minimum sanitary and safety requirements designed to protect the health of both the
public and the tropical birds. The director of health or
inspectors designated pursuant to subsection (d), section one,
article fourteen, chapter sixteen of the code shall have the
power to enforce compliance. All rules shall be kept posted in
a conspicuous place in each shop or school.

All persons licensed to practice as a barber, beautician or
manicurist in this state who elects to rent or lease a booth or
chair from an owner or operator of any barber or beauty shop
shall first register with the board of barbers and beauticians
and pay a registration fee of ten dollarsas established by the
board. When registering, the registrant shall advise the board
of the length of any rental or lease agreement, the name of the
person and barber or beauty shop from which a chair or booth is
being rented or leased, and the effective date of such rental.
If a person registered with the board pursuant to this section
elects to move from one barber or beauty shop to rent or lease a
chair or booth from another barber or beauty shop, he or she
shall again register with the board and pay a fee of two dollars
and fifty centsas established by the board.
Each owner or operator of a barber or beauty shop who elects to rent or lease chairs or booths therein shall notify the board
in writing of such rental within ten days of the effective date
of the rental.
The board shall quarterly notify the state tax commissioner
of all persons registered pursuant to this section during the
previous quarter. Such notice shall be in writing and shall
include the name of the persons registered, the name of the
person and barber or beauty shop from whom space is being rented
or leased, and the length of any such rental or lease agreement.

NOTE: The purpose of this bill is to authorize the Board of
Barbers and Cosmetologists to set licensing, registration and
examination fees.

Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.